| UNDERSTANDING PBR HOME > 5. EXPLOITATION > 5.3 ASSIGNMENT > Page 5.3 |
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Section 20 of the Plant Breeder's Rights Act 1994 provides that PBR is personal property and can be assigned The Registrar must be notified in writing of any assignment whether it is before the granting of PBR or after (Section 21). Failure to do so may result in the revocation of plant breeder's rights. In this regard, the Plant Breeder's Rights Act 1994 differs from the Patents Act 1990 which does not have an obligation for applicants to notify assignment. The rights to a plant variety can be assigned before application is made for Plant Breeder's Rights. Anyone doing this should ensure that the Deed of Assignment provides a traceable chain to the original breeder; otherwise the Assignee may not be eligible to apply, as they are not the original breeder. Click " More Info" to see a model Assignment Agreement issued by the Plant Breeder's Rights Office.
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